Doxsey v. Mullin et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
SUSAN TINCHER, et al., on behalf of
themselves 	and 	all 	others 	similarly
situated,
Plaintiffs,
v.
KRISTI NOEM, et al.,
Defendants.
No. 25-cv-4669 (KMM/DTS)
CASE MANAGEMENT
ORDER
On February 2, 2026, the Court ordered the parties to meet and confer about the next
steps in this litigation (Dkt. 119), and because they could not agree on most issues, the
parties filed separate letters setting forth their respective positions (Dkt. 130, 133). Having
reviewed the letters, the Court issues the following Case Management Order.
1. 	Defendants’ request for the Court to stay this matter entirely pending the
outcome of the appeal of the Court’s entry of a preliminary injunction is
DENIED without prejudice at this time. Although the Court is aware that it has
the authority to stay a case pending a decision by the Eighth Circuit Court of
Appeals, it is not required to do so. Indeed, the Eighth Circuit has made clear
that such a stay is not mandatory. Janousek v. Doyle, 313 F.2d 916, 920 (8th Cir.
1963) (per curiam) (explaining that the filing of a notice of appeal from an order
disposing of a motion for a preliminary injunction “does not … operate to
automatically stay other proceedings in the cause pending the appeal”).
2. 	Plaintiffs’ request to take expedited discovery related to the issue of class-
certification is DENIED. At this time, the Court finds that discovery relating to
class-certification should not take place ahead of filing the motion to dismiss.
3. 	Consistent with Plaintiffs’ representation that they intend to file an amended
pleading “sometime this week” (Dkt. 133 at 2), Plaintiffs shall file a First
Amended Complaint on or before February 13, 2026.
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4. 	Defendants shall answer or otherwise respond to the First Amended Complaint
on or before February 27, 2026.
5. 	Defendants represent that they intend to file a motion to dismiss for lack of
subject matter jurisdiction and failure to state a claim. Plaintiffs anticipate that
Defendants will argue that Plaintiffs lack standing to pursue their claims for
prospective injunctive relief and wish to take discovery relevant to the issue of
standing. Plaintiffs may file a motion to take discovery related to standing at any
time, but it must be filed on or before March 6, 2026. Briefing on such a
discovery motion will proceed according to D. Minn. LR 7.1(b). If Plaintiffs file
such a motion, their deadline to respond to the motion to dismiss will be
postponed until further order of the Court.
SO ORDERED.
Date: February 11, 2026
s/Katherine Menendez
Katherine Menendez
United States District Judge
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